Homeless Court: Justice For All, One Person At A Time

By some estimates, on any given night there are over 16,000 homeless individuals in Massachusetts. Thousands of families struggle with homelessness and inconsistent housing each year; and though the numbers are decreasing with much-needed reform, over 1,200 families are currently receiving emergency housing in motels.

Homeless individuals face a barrage of daily challenges: finding safe, consistent shelter; inadequate access to healthcare and mental health services; substance abuse; limited transportation and job training options; and the threat of violence and sexual assault.

One challenge that does not receive as much attention is access to the judicial system. Many homeless individuals see misdemeanor or minor non-violent offenses quickly spiral into major legal problems. Without a permanent address they may not receive summonses, may miss court dates, and are then held in contempt. They may not have the means to pay even small fines. Disabilities, mental health challenges and transportation access all create barriers to attending court. 

As court notices go unanswered and charges escalate, they soon seem insurmountable and exacerbate other challenges. For example, outstanding default warrants may mean that a homeless person is ineligible for housing, employment or job training, health services or substance abuse programs. They cannot get the help they need until these legal cases are resolved, but they cannot access the courts or get more permanent housing without a job and services.

One innovative program is trying to break this cycle, one person at a time: the Massachusetts Homeless Court. Last week I had the opportunity to meet with representatives of the Pine Street Inn to discuss the Court’s progress. 

The Homeless Court is an alternative court session designed both to resolve outstanding legal issues (like misdemeanor offenses, non-violent felonies and outstanding warrants) for homeless individuals while simultaneously supporting recovery and self-sufficiency. In order to participate, individuals must demonstrate their own commitment to getting help by enrolling in a substance abuse treatment program, mental health treatment, housing search or training and employment program. Participants receive support from a case worker, and a judge closely monitors their compliance with these requirements. 

The Homeless Court was founded in 2010 as a pilot program based on a model developed in California and in use in a number of cities around the country. Justice Kathleen Coffey of Boston Municipal Court–West Roxbury oversees the program in partnership with the Suffolk County District Attorney’s Office, Committee for Public Counsel, the Probation Department, the Pine Street Inn, Lemuel Shattuck Hospital, and other service organizations. 

It is an entirely volunteer and donation-based program, and the Homeless Court hears cases every month, alternating between the Shattuck Hospital and the Pine Street Inn, with several cases heard during each session. For each participant, a plan is developed and overseen by a case worker, and over time cases are heard and resolved if the individual is actively receiving treatment, participating in recovery, and moving to self-sufficiency.

In my current role as Senate Chair of the Judiciary Committee, I will continue to examine this and other programs that provide efficient access to the courts for underserved populations. As we look for ways to solve intractable challenges like chronic homelessness, innovative models like the Homeless Court demonstrate that we can effectively support recovery, self-sufficiency and compliance while ensuring justice for all.